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How to Replace Text Pour-Over Will

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Attorney Andrew Bethel discusses the purpose and function of a pour-over will in conjunction with a living trust. A pour-over will is designed to collect non-trust assets and transfer them into the trust after a person’s death. It acts as a safety net, ensuring that assets not previously included in the trust do not fall into probate. Bethel uses the analogy of a teacup representing the trust, with the assets as tea, and the saucer as the pour-over will, catching any assets that spill out. This process ensures that all assets are properly distributed according to the individual's wishes without the complications of probate.

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How do you override a will?

You can do so by creating a codicil, which is a written amendment that makes changes to your Will. Be sure you understand your specific state laws so your codicil is valid. The number of witnesses and whether or not you need a notary can be different depending on your state.

What is an example of per Stirpes?

Per stirpes, Latin for by branch, refers to every person down a family tree beginning from another person. For example, everyone below a parent, such as their children and their great-grandchildren, is included in a branch.

What is the difference between a pour-over will and a will?

The difference between a simple will and a pour-over will is that a simple will is meant to handle your entire estate, such as by leaving it to your spouse or your kids. A pour-over will exists only to move assets into the trust and works in conjunction with either a revocable living trust or an irrevocable trust.

What do you put in a pour-over will?

You should include language in your Pour Over Will that clearly states: any assets or property that are not in the Trust at the time of death, and that do not have a named beneficiary, should be transferred to the Trust after you pass.

Why is it called a pour-over will?

Under the terms of a pour-over will, all property that passes through the will at your death is transferred to (poured into) your trust. Then its distributed to the trust beneficiaries you named while you were alive.

What are the two types of wills?

The four main types of wills are simple, testamentary trust, joint, and living. Other types of wills include holographic wills, which are handwritten, and oral wills, also called nuncupativethough they may not be valid in your state. Your circumstances determine which is best for you.

Do you have to probate a pour-over will in Texas?

A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.

What is another name for a pour-over will?

A living trust is a legal document that lets you direct how your assets are distributed after you die. A living trust owns the assets transferred to it, while still allowing you to use and control that property during your lifetime.

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Replace Text Pour-Over Will